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  • India seeks TRIPS waiver for Vaccines

    India and South Africa have jointly moved a proposal at the WTO’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) council for a waiver to help more countries get access to medicines and vaccines during the pandemic.

    Q.WTO and multilateralism is dying in the face of a greater reliance on plurilateral and bilateral trade pacts. Discuss. (250W)

    What is the TRIPS Agreement?

    • The TRIPS is an international legal agreement between all the member nations of the World Trade Organization (WTO).
    • It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations.
    • Its agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.
    • The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date.

    Why did India move such a proposal?

    • TRIPS waiver would deal with the question of equity along with global growth and livelihoods.
    • It is not only that we are coming in the way of life but it is very simple economics, asserted India’s ambassador.
    • For a commercial business of $30-40 billion of annual vaccine output of a few companies, we are coming in the way of $6-7 trillion of global GDP output in one year.

    Premise behind it

    • In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration.
    • The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal “to promote access to medicines for all.”

    Global response for the move

    • Fifty-seven WTO members have backed the proposal brought out by India.
    • But the EU, U.S., Japan and Canada have opposed the idea stressing the importance of intellectual property for innovation.

  • What is Stockholm+50?

    Stockholm+50 is a high-level meeting that the Government of Sweden plans to hold in conjunction with the 50th anniversary of the first UN conference on the human environment – the 1972 Stockholm Conference.

    The 1972 Stockholm Conference

    • The UN Conference on the Human Environment, also known as the Stockholm Conference, was the first UN conference on the environment and was held between 5 and 16 June 1972 in Stockholm.
    • The meeting’s outcome document – the Stockholm Declaration – included several principles that are still important for environmental management.
    • Another result of the meeting was the establishment of the United Nations Environment Programme (UNEP) and the World Environment Day, held annually on 5 June.

    Try this PYQ:

    Q.The United Nations Framework Convention on Climate Change (UNFCCC) is an international treaty drawn at:

    (a) United Nations Conference on the Human Environment, Stockholm, 1972

    (b) UN Conference on Environment and Development, Rio de Janeiro, 1992

    (c) World Summit on Sustainable Development, Johannesburg, 2002

    (d) UN Climate Change Conference, Copenhagen, 2009

    Background

    • It’s been a generation since global leaders met in Stockholm in 1972 to discuss environmental challenges.
    • Then the concerns were for the local environment; there was no talk of climate change or even the depletion of the ozone layer.
    • All that came later. In 1972, the discussion was on the toxification of the environment as water and air were foul.

    Progress for 50 years

    • The toxification of the environment is still a pressing concern; countries have indeed cleaned up locally but added to the emissions in the global atmosphere.
    • Now, we are out of time as climate change impacts are spiralling out of control.

    Perils of Ecological Globalization

    • The fact is we stitched up the global ecological framework in terms of the many agreements only.
    • During this time, we also signed another agreement on free-trade — the economic globalisation agreement.
    • But we never really understood how these two frameworks — ecological and economic globalisation — would counteract each other.
    • As a result, we have worked to build an economic model based on discounting the price of labour and of the environment.

    Expectations from Stockholm+50

    • The aim of Stockholm+50 is to contribute to concrete action.
    • It aims at leveraging sustainable consumption and production patterns and nature-based solutions in order to achieve climate-neutral, resilient, circular and inclusive economies.
    • The narrative and result will be further developed together with interested governments and other partners.

  • Imparting direction to science in India

    The article elaborates on the various aspect of the 5th Science Policy.

    Scientific publication from India and issues with it

    • From the report published by the National Science Foundation of the U.S. in December 2019, India was the third-largest publisher of peer-reviewed science and engineering journal articles and conference papers, with 135,788 articles in 2018.
    • This milestone was achieved through an average yearly growth rate of 10.73% from 2008, which was greater than China’s 7.81%.
    • However, China and the United States had about thrice and twice the number, respectively, of India’s publications.
    • Also, the publications from India are not impactful.
    • From the report, in the top 1% of the most cited publications from 2016 (called HCA, or Highly Cited Articles), India’s index score of 0.7 is lower than that of the U.S., China and the European Union.
    • An index score of 1 or more is considered good.
    • The inference for India is that the impact, and hence the citation of publications from India, should improve.

    Patents filed by India

    • The World Intellectual Property Organization (WIPO) through their Patent Cooperation Treaty (PCT) is the primary channel of filing international patent applications.
    • In its report for 2019, WIPO says India filed a modest number of 2,053 patent applications.
    • Compared to the 58,990 applications filed by China and 57,840 by the U.S., India has a long way to go.
    • The Indian Government put in place the National Intellectual Property Rights (IPR) Policy in 2016 to “stimulate a dynamic, vibrant and balanced intellectual property rights system”.
    • One of the objectives is human capital development.
    • The mission to foster innovation, replicate it at scale and commercialise it is a work in progress consequent to the policy.

    India’s Science Policies

    • There have been four science policies till now, after 1947, with the draft of the fifth policy having been released recently.
    • India’s first science policy adopted in 1958.
    • It led to the establishment of many research institutes and national laboratories, and by 1980.
    • The focus in the second science policy, Technology Policy Statement, in 1983, was technological self-reliance and to use technology to benefit all sections of the society.
    • The Science and Technology Policy 2003, the first science policy after the economic liberalisation of 1991, aimed to increase investment in research and development and brought it to 0.7%.
    • The Scientific and Engineering Research Board (SERB) was established to promote research.
    • In 2013, India’s science policy included Innovation in its scope and was called Science, Technology and Innovation Policy.
    • The focus was to be one of the top five global scientific leaders, which India achieved.

    What 5th science policy seeks to achieve

    • The draft of the Science, Technology and Innovation Policy 2020 (STIP2020)  has an ambitious vision to “double the number of full-time equivalent (FTE) researchers, Gross Domestic Expenditure on R&D (GERD) and private sector contribution to the GERD every 5 years” .
    • It also aims to “position India among the top three scientific superpowers in the next decade”.
    • It also defines strategies to improve funding for and participation in research. India’s Gross Domestic Expenditure on R&D (GERD) is currently around 0.6% of GDP.
    • This is quite low when compared to the investments by the U.S. and China which are greater than 2% and Israel’s GERD is more than 4%.
    • The policy seeks to define strategies that are “decentralized, evidence-informed, bottom-up, experts-driven, and inclusive”.

    Solutions to improve funding

    • STIP2020 defines solutions to improve funding thus: all States to fund research, multinational corporations to participate in research, fiscal incentives and support for innovation in medium and small scale enterprises.
    • The new measures should not become a pretext to absolve the Union and State governments of their primacy in funding research; the government should invest more into research.

    Other critical focus areas

    • 1) Other critical focal areas ar inclusion of under-represented groups of people in research.
    • 2) Support for indigenous knowledge systems.
    • 3) Using artificial intelligence.
    • 4) Reaching out to the Indian scientific diaspora for collaboration.
    • 5) Science diplomacy with partner countries.
    • 6) Setting up a strategic technology development fund to give impetus to research.

    Conclusion

    More specific directives and implementation with a scientific temper without engaging in hyperbole will be key to the policy’s success; and its success is important to us because, as Carl Sagan said, “we can do science, and with it we can improve our lives”.

  • 10th century Buddhist Monastery uncovered in Jharkhand’s Hazaribagh

    The Archaeological Survey of India (ASI) has unearthed a Buddhist monastery, believed to be at least 900 years old, buried under a mound in a village situated in a hilly area of Hazaribagh district of Jharkhand.

    Details of the excavation

    • The findings were significant since the monastery is on the old route to Varanasi, 10 km from Sarnath, where the Buddha gave his first sermon.
    • Archaeologists found four statues of the deity Tara in Varad Mudra and six statues of the Buddha in bhumisparsa Mudra
    • So it is a significant finding as deity Tara’s statues mean this was an important centre of the Vajrayana sect of Buddhism.
    • Vajrayana is a form of Tantric Buddhism, which flourished in India from the 6th to 11th century.

    Tap to read more about Buddhism at:

    Chapter 5 | Mauryan Period (400BC – 200BC)

    Learning: Various Mudra of Buddha

    PC: Pinterest

  • E-Daakhil portal for consumer grievance redressal

    The Union Government has informed that the ‘E-Daakhil’ portal for consumer grievance redressal is now operational in 15 states and Union Territories (UTs).

    Try this question from our AWE initiative:

    What are the objectives sought to be achieved through The Consumer Protection (E-Commerce) Rules, 2020 to regulate commercial transactions? What are the issues with the rules? 10 marks

    E-Daakhil

    • The Consumer Protection Act, 2019, which came into force on July 20, 2020, has a provision for e-filing of consumer complaints in the consumer commissions and online payment of the fees for filing a complaint.
    • A web application for e-filing of consumer complaints named ‘edaakhil.nic.in’ has been developed by NIC for the purpose.
    • E-filing was launched by the National Consumer Disputes Redressal Commission (NCDRC) on September 7, 2020.
    • Delhi was the first state to implement it on September 8, 2020.

    Features of the portal

    • The E-Daakhil portal empowers the consumer and their advocates to file the consumer complaints along with payment of requisite fees online from anywhere for the redressal of their complaints.
    • It facilitates the consumer commissions to scrutinise the complaints online to accept, reject or forward the complaint to the concerned commission for further processing.
    • The digital software for filing consumer complaints has many features like e-notice, case document download link and virtual hearing link, filing written response by the opposite party, fling rejoinder by complainant and alerts via SMS/e-mail.
    • To facilitate the rural consumers for e-filing, it has been decided to integrate the common service centres (CSC) with the E-Daakhil portal.

  • Inscription on Krishnadevaraya’s death discovered

    The first-ever epigraphical reference to the date of death of Vijayanagara king Krishnadevaraya has been discovered in the Tumakuru district of Karnataka.

    Try this question from CS Mains 2016:

    Q.Krishnadevaraya, the King of Vijayanagara was not only an accomplished scholar himself, but was also a great patron of learning and literature. Discuss.

    Who was Krishnadevaraya?

    • Krishna Devaraya was the emperor of the Vijayanagara Empire during 1509–1529. He was the third ruler of the Tuluva Dynasty and is considered to be its greatest ruler.
    • He possessed the largest empire in India after the decline of the Delhi Sultanate.
    • Krishnadevaraya earned the titles Kannada Rajya Rama Ramana (lit, “Lord of the Kannada empire”), Andhra Bhoja (lit, “Andhra Bhoja(Scholar) King”) and Mooru Rayara Ganda (lit, “King of Three Kings”).
    • He became the dominant ruler of the peninsula of India by defeating the Sultans of Bijapur, Golconda, the Bahmani Sultanate and the Gajapatis of Odisha, and was one of the most powerful Hindu rulers in India.
    • Indeed, when the Mughal Emperor Babur was taking stock of the potentates of north India, Krishnadevaraya was rated the most powerful and had the most extensive empire in the subcontinent.
    • Portuguese travellers Domingo Paes and Fernao Nuniz also visited the Vijayanagara Empire during his reign.

    His literary work

    • The rule of Krishnadevaraya was an age of prolific literature in many languages, although it is also known as a golden age of Telugu literature.
    • He was fluent in many languages like Kannada, Marathi, Sanskrit, Telugu and Tamil.
    • Eight Telugu poets were regarded as eight pillars of his literary assembly and known as Ashtadiggajas. He himself composed an epic Telugu poem Amuktamalyada.
    • He took the title of Abhinava-Bhoja and Sakala-Kala-Bhoja (“Bhoja of all the arts”) in honour of Parmara emperor Bhoja who was a polymath, a master of 64 arts and a military genius.

    What does the inscription say?

    • As per the inscription, Krishnadevaraya died on October 17, 1529, Sunday.
    • Incidentally, this day was marked by a lunar eclipse.
    • The inscription also registers the gift of village Honnenahalli in Tumakuru for conducting worship to the god Veeraprasanna Hanumantha of Tumakuru.
    • The Kalahasti inscription refers to the date of Achyutaraya’s (his successor) coronation as October 21, 1529 AD.

  • [pib] Who was Mannathu Padmanabhan (1878-1970)?

    The Prime Minister has tweeted tributes to Sri Mannathu Padmanabhan on his death anniversary.

    UPSC is digging deeper in the regional freedom movements to get such questions beyond our knowledge base.Try this question from CSP 2020

    Q.The Vital Vidhvansak, the first monthly journal to have the untouchable people as its target audience was published by:

    (a) Gopal Babu Walangkar

    (b) Jyotiba Phule

    (c) Mohandas Karamchand Gandhi

    (d) Bhimarao Ramji Ambedkar

    Here, we know something about options b, c and d. So it is less dicey to pull the odd man out.

    Mannathu Padmanabhan

    • Padmanabhan was an Indian social reformer and freedom fighter from the south-western state of Kerala.
    • He is recognised as the founder of the Nair Service Society (NSS), which claims to represent the Nair community that constitutes 12.10% (From KMS 2011) of the population of the state.
    • He fought for social equality, the first phase being the Vaikom Satyagraha, demanding the public roads near the temple at Vaikom be opened to low caste Hindus.
    • He took part in the Vaikom (1924) and Guruvayoor (1931) temple-entry Satyagrahas; the anti-untouchability agitations. He opened his family temple for everyone, irrespective of caste distinction.
    • He became a member of the Indian National Congress in 1946 and took part in the agitation against Sir C. P. Ramaswamy Iyer’s administration in Travancore.
    • As the first president of the Travancore Devaswom Board, he revitalised many temples which had almost ceased to function.

  • The absurdity of the anti-defection law

    The article highlights the shortcomings of the anti-defection law and its failure in ensuring the stability of the government.

    Background of anti-defection law

    • The anti-defection law was included in the Constitution as the Tenth Schedule in 1985.
    • The main purpose was to preserve the stability of governments and insulate them from defections of legislators from the treasury benches.
    • The law stated that any Member of Parliament (MP) or that of a State legislature (MLA) would be disqualified from their office if they voted on any motion contrary to the directions issued by their party.

    Issues with the anti-defection law

    1) Against the concept of representative democracy

    • The provisions of the anti-defection law is not limited to confidence motions or money bills.
    • It applies to all votes in the House, on every Bill and every other issue.
    • It even applies to the Rajya Sabha and Legislative Councils, which have no say in the stability of the government.
    • Therefore, an MP (or MLA) has absolutely no freedom to vote their judgement on any issue.
    • They have to blindly follow the direction of the party.
    • This provision goes against the concept of representative democracy.

    2) The act turns legislator to be an agent of  the party

    • There are two broadly accepted roles of a representative such as an MP.
    • One is that they are agents of the voters and are expected to vote according to the wishes and for the benefits of their constituents.
    • The other is that their duty to their constituents is to exercise their judgement on various issues towards the broader public interest.
    • In this, they deliberate with other MPs and find a reasonable way through complex issues.
    • The anti-defection law makes the MP neither a delegate of the constituency nor a national legislator but converts them to be just an agent of the party.

    3) Broken chain

    • The legislator is accountable to voters, and the government is accountable to legislators.
    • In India, this chain of accountability has been broken by making legislators accountable primarily to the party.
    • This means that anyone from the party having a majority in the legislature is unable to hold the government to account.
    • This negates the concept of them having to justify their positions on various issues to the people who elected them to the post.

    4) No incentive for MPs to understand policy choices

    • If an MP has no freedom to take decisions on policy and legislative proposals, there would be no incentive to put in the effort to understand the different policy choices and their outcomes.
    •  The MP becomes just another number to be tallied by the party on any vote that it supports or opposes.

    5) Weakening of the accountability mechanism

    • While introducing the draft Constitution, Dr. B.R. Ambedkar said that the presidential form (such as in the United States) had higher stability but lower accountability.
    • This is because the President is elected for four years, and cannot be removed except for proven misdemeanour.
    • In the parliamentary form, the government is accountable on a daily basis through questions and motions and can be removed any time it loses the support of the majority of members of the Lok Sabha.
    • The drafting committee believed that India needed a government that was accountable, even at the cost of stability.
    • The anti-defection bill weakens the accountability mechanism.

    6) The act fails to provide stability

    • The political system has found ways to topple governments by reducing the total membership through resignations.
    • In other instances, the Speaker — usually from the ruling party — has delayed taking a decision on the disqualification.
    • The Supreme Court has tried to plug this by ruling that the Speaker has to take the decision in three months, but it is not clear what would happen if a Speaker does not do so.
    • The premise that the anti-defection law is needed to punish legislators who betray the mandate given by the voters also seems to be flawed.
    • We have seen many of the defectors in States such as Karnataka and Madhya Pradesh being re-elected in the by-polls, which were held due to their disqualification.

    Way forward

    • The problem arises from the attempt to find a legal solution to what is essentially a political problem.
    • If stability of government is an issue due to people defecting from their parties, the answer is for parties to strengthen their internal systems.
    •  If parties attract members on the basis of ideology, and they have systems for people to rise within the party hierarchy on their capabilities rather than inheritance, there would be a greater exit barrier.

    Consider the question “How far has the anti-defection law succeeded in preventing the destabilisation of the governments? Give reasons in support of your argument.”

    Conclusion

    The anti-defection law has been detrimental to the functioning of our legislatures as deliberative bodies which hold the executive to account on behalf of citizens. It has turned them into fora to endorse the decision of the government on Bills and budgets. And it has not even done the job of preserving the stability of governments. The Tenth Schedule to the Constitution must be repealed.

  • In Centre’s IT rules, there is accountability with costs

    The article examines the issues with  Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    Change in the immunity for social media platforms

    • With the social media platforms amassing tremendous power, the Government of India and has over time sought to devise a core framework to governs social media.
    • This framework known as the “intermediary liability” has been made legally through Section 79 of the Information Technology Act, 2000.
    • This framework has been supplemented by operational rules, and the Supreme Court judgment in Shreya Singhal v. Union of India.
    • All this legalese essentially provides large technology companies immunity for the content that is transmitted and stored by them.
    • Recently, the Government of India announced drastic changes to it through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    Issues with the Rules

    1) Privacy concern

    • The regulations do contain some features that bring accountability to social media platforms.
    • For instance, they require that prior to a content takedown, a user should be provided adequate notice.
    • However, there are several provisions in the rules that raise privacy concerns.
    • Take traceability, where instant messaging platforms which deploy end-to-end encryption that helps keep our conversations private will now effectively be broken.
    • This is because now the government may require that each message sent through WhatsApp or any other similar application be tied to the identity of the user.
    • When put in the larger context of an environment that is rife with cybersecurity threats, an inconsistent rule of law and the absence of any surveillance oversight, this inspires fear and self-censorship among users.
    • The core of the traceability requirement undermines the core value of private conversations.

    2) Regulation without clear legal backing

    • The rules seek to regulate digital news media portals as well as online video streaming platforms.
    • Rules will perform functions similar to those played by the Ministry of Information and Broadcasting for TV regulation.
    • For instance, as per Rule 13(4), this also now includes powers of censorship such as apology scrolls, but also blocking of content.
    • All of this is being planned to be done without any legislative backing or a clear law made by Parliament.
    • A similar problem exists with digital news media portals.
    • The purview of the Information Technology Act, 2000, is limited.
    • It only extends to the blocking of websites and intermediary liabilities framework, but does not extend to content authors and creators.
    • Hence, the Act does not extend to news media despite which it is being stretched to do so by executive fiat.
    • The oversight function will be played by a body that is not an autonomous regulator but one composed of high ranking bureaucrats.
    • This provides for the discretionary exercise of government powers of censorship over these sectors.

    Way forward

    • This could have ideally been achieved through more deliberative, parliamentary processes and by examining bodies in other democracies, which face similar challenges.
    • For instance, OFCOM, a regulator in the United Kingdom, has been studying and enforcing regulations that promise higher levels of protection for citizens’ rights and consistency in enforcement.
    • Instead, the present formulation increases government control that suffers from legality and core design faults.
    • It will only increase political control.

    Consider the question “What is the purpose of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and what are the concerns with these rules?”

    Conclusion

    While every internet user in India needs oversight and accountability from big tech, it should not be at the cost of increasing political control, chilling our voices online and hurting individual privacy.

  • Same-sex marriages cannot be recognized: Centre

    The Centre has opposed any changes to the existing laws on marriage to recognise same-sex marriages, saying such interference would cause “complete havoc with the delicate balance of personal laws in the country”.

    What is the case?

    • A petition had sought to recognize same-sex marriage.
    • Despite the decriminalization of Section 377 of the Indian Penal Code (IPC), the petitioners cannot claim a fundamental right for same-sex marriage being recognised under the laws of the country”.

    What did the Centre say?

    • Living together as partners and having a sexual relationship with same-sex individuals is not comparable with the Indian family unit concept.
    • The Indian concept of family constitutes a husband, a wife and children which necessarily presuppose a biological man as a ‘husband’, a biological woman as a ‘wife’ and the children born out.
    • It said the 2018 landmark judgment of the Supreme Court decriminalizing consensual homosexual sex in India was “neither intended to nor did it in fact, legitimize the human conduct in question”.

    Why such a move by the Centre?

    • The registration of marriage of same-sex persons also results in a violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals”.
    • Any other interpretation except treating ‘husband’ as a biological man and ‘wife’ as a biological woman will make all statutory provisions unworkable, the government cautioned.
    • In a same-sex marriage, it is neither possible nor feasible to term one as ‘husband’ and the other as ‘wife’ in the context of the legislative scheme of various personal laws.

    Back2Basics: Article 377 of IPC

    • Section 377 of the Indian Penal Code (IPC) is an act that criminalizes homosexuality and was introduced in the ear 1861 during the British rule of India.
    • Referred to ‘unnatural offences’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life.
    • However, in a historic verdict, the Supreme Court of India on September 6, 2018, decriminalized Section 377 of the IPC and allowed gay sex among consenting adults in private.
    • The SC ruled that consensual adult sex is not a crime saying sexual orientation is natural and people have no control over it.
    • It also said that Section 377 remains in force relating to sex with minors, non-consensual sexual acts, and bestiality.